ELR Citation: 54 ELR 20034
No(s). 23-1886 (RK) (JBD) (D.N.J. Feb 29, 2024) (Kirsch, J.)

A district court granted NMFS' motion to dismiss a challenge to its decision to issue several incidental take authorizations (ITAs) for wind farm development off the coasts of New Jersey and New York. A nonprofit group argued NMFS violated the Marine Mammal Protection Act because the ITAs had more than a "negligible" impact on "small numbers of marine mammals" and violated NEPA by failing to submit a cumulative EIS ascertaining potential harm of all ITAs. NMFS moved to dismiss for lack of standing, ripeness, and mootness. The court found the group's allegations with respect to its interest in marine mammals failed to demonstrate imminent and concrete injury, that its claims against ITAs not yet issued were unripe, and that its claims against expired ITAs were moot. It dismissed the suit.